Key Practice Areas: Paternity

KANSAS AND MISSOURI CHILD PATERNITY LAWYER ERIC GAMBLE

Are you unmarried and about to have a child?  If so, you should know your responsibilities and obligations under the law. Some common questions you may have when facing the issue of paternity are:

IF I PUT MY NAME ON THE BIRTH CERTIFICATE, WHAT ARE MY RIGHTS AND RESPONSIBILITIES UNDER THE LAW?

In Kansas, the paternity statutes can be found in K.S.A. 38-1110, et. seq.  In Missouri, the laws regarding paternity are essentially the same. See, RSMo. 210.822

A man is the presumed father of a child if:

      (1)   The man and the child's mother are, or have been, married to each other and the child is born during the marriage or within 300 days after the marriage is terminated by death or by the filing of a journal entry of a decree of annulment or divorce.
      (2)   Before the child's birth, the man and the child's mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is void or voidable and:
      (A)   If the attempted marriage is voidable, the child is born during the attempted marriage or within 300 days after its termination by death or by the filing of a journal entry of a decree of annulment or divorce; or
      (B)   if the attempted marriage is void, the child is born within 300 days after the termination of cohabitation.
      (3)   After the child's birth, the man and the child's mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is void or voidable and:
      (A)   The man has acknowledged paternity of the child in writing;
      (B)   with the man's consent, the man is named as the child's father on the child's birth certificate; or
      (C)   the man is obligated to support the child under a written voluntary promise or by a court order.
      (4)   The man notoriously or in writing recognizes paternity of the child, including but not limited to a voluntary acknowledgment made in accordance with K.S.A. 38-1130 or 65-2409a, and amendments thereto.
      (5)   Genetic test results indicate a probability of 97% or greater that the man is the father of the child.
      (6)   The man has a duty to support the child under an order of support regardless of whether the man has ever been married to the child's mother.
     
In other words, if a man is listed on the birth certificate as the father, he is legally obligated to support the child AND HAS EQUAL RIGHTS TO THE CHILD.

However, THESE PRESUMPTONS CAN BE REBUTTED IN COURT.  If in doubt ladies and gentlemen, ALWAYS GET A DNA TEST AND DON’T WAIT.  If you are not sure about your rights and obligations under the law, you should consult with an experienced Kansas and Missouri family law attorney. 
In Missouri, a man’s name on the birth certificate is a legal finding of paternity.  See RSMo. 210.823.  However, if the man does not challenge his paternity within a certain number of days, then for all legal purposes, he is the father, and is afforded the same rights as the mother.

WHAT ARE MY CUSTODY RIGHTS?

Every decent parent has a constitutional right to have a consistent and meaningful relationship with their children. In Kansas and Missouri, joint custody is presumed under the law.  In theory, joint custody means that both parents share equal decision making authority regarding the child’s health, education, and well being. In some exceptional cases, sole legal custody may be an option.  However, courts often deny a parent’s request for sole legal custody unless there are issues related to domestic violence. For more information on Kansas domestic violence laws click here:

 http://www.mykclawyer.com/gamble/practice-areas/domestic-violence.php

The legal standard by which your custody rights will be judge is “What is in the best interests of the child?” Reasonable parents often disagree what is in the child’s best interest.  Being knowledgeable about your rights and obligations as a parent is crucial to protecting you and your child’s long term best interests.  If parents agree on a parenting time schedule, the court must adopt the agreement of the parties because they are presumed under the law to know what is in the best interest of their child. 

WHAT IF WE HAVE AN AGREEMENT REGARDING CUSTODY?

If you and the mother or father of your child have reached an agreement on
custody and parenting time, you have made my job and the judge’s job a lot easier.  THE JUDGE MUST AGREE AND ADOPT ANY PARENTAL AGREEMENT ON CUSTODY AND PARENTING TIME IN KANSAS AND MISSOURI.

Agreements on custody and parenting time are the key to saving money on attorney’s fees.  More importantly, however, research proves that children develop better behaviorally, socially, and academically if their parents do not fight over custody.  When drafting a custody or parenting plan, one’s attorney must pay special attention to the details in the event of a custody dispute. Is the agreement specific in regards to legal custody, a parenting time schedule, and holidays?  What provisions should be included for transportation, potential overseas travel, or unforeseen medical expenses? Does the agreement include provisions for future dispute resolution? Is the agreement in writing, signed, and notarized?  These are just some questions to think about when developing and working on an agreed custody and parenting plan with the mother or father of your children.

HOW MUCH WILL I HAVE TO PAY IN CHILD SUPPORT?

Real fathers always have, and will continue to be financially responsible for our children.  Child support in Kansas is governed by the Kansas Child Support Guidelines worksheet.  In Missouri, a Supreme Court Form 14 is required.  If you are unsure what you or your partner’s child support obligation will be, you should consult with an experienced family law attorney in Kansas and Missouri.  Depending on your specific situation, child support can be cut and dry, or it can be extremely complex.  That is why you should consult with a lawyer experienced in Kansas and Missouri child support laws.

I RECEIVED A LETTER FROM SRS OR DFS REQUESTING MY PERSONAL INFORMATION.  WHAT SHOULD I DO?

You should consult with an attorney experienced in Kansas and Missouri family law.  In Kansas, the Department of Social and Rehabilitation Services, commonly known as SRS, is in charge of determining paternity and child support for parents who have received some type of government assistance (welfare), whether it be for medical expenses and/or financial assistance.  In Missouri, the equivalent agency is called the Missouri Division of Family Services, or DFS.  NOTE: THESE AGENCIES DO NOT REPRESENT YOU OR YOUR INTERESTS!!! You should immediately consult with a Kansas or Missouri lawyer experienced in child paternity laws.  SRS and DFS only seek to establish paternity and get a child support order.  They do not advance or protect your interests with respect to custody, parenting time, and child support.  In fact, many fathers that I have represented often complain of blatant bias and discrimination when dealing with these agencies.  Do not allow yourself to become a statistic with these people.  Know, demand, and protect your rights as a parent.